Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

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Horizontal policies in public procurement: a taxonomy

Job quality in the contracted-out public services is still influenced by the public authorities. As customers buying goods and services from private providers, they become with employer and employe...

The state as a ‘socially responsible customer’? Public procurement between market-making and market-embedding:

Starting from the observation that criminal law is different in each of the member states as a result of which (1) what constitutes an offence in one member state does not necessarily constitute an offence in another member state, (2) even where offences are equally criminalised in all member states, the sanction levels may still vary and (3) more generally, the position of the offences in the entirety of the justice system may vary, the question arises to what extent those so-called offence diversities are an obstacle for EU policy making and to what extent it is feasible to overcome those obstacles. The doctoral research underpinned the need for the development of an EU offence policy, using the common criminalisation acquis as a centre piece. The common criminalisation acquis can help (1) to ensure comparability of crime statistics, (2) to avoid redundant double criminality testing, (3) to overcome evidence gathering difficulties, (4) to clarify the mandates of the EU level actors, (5) to identify the equivalent national sentence and (6) to scope the taking account of prior convictions. The only condition: the development of an EU offence policy.

https://biblio.ugent.be/publication/2129164/file/4336026.pdf

Overcoming offence diversities in EU policy making: needs and feasibility assessment

Corporate social responsibility and dimensions of performance: An application to U.S. electric utilities

/pdf/public-procurement-regulation-an-introduction-1cjih59t85.pdf

Public procurement regulation: an introduction

1. Public procurement and horizontal policies in EC law: general principles Sue Arrowsmith and Peter Kunzlik 2. EC regulation of public procurement Sue Arrowsmith and Peter Kunzlik 3. A taxonomy of horizontal policies in public procurement Sue Arrowsmith 4. Application of the EC Treaty and directives to horizontal policies: a critical review Sue Arrowsmith 5. The impact of the EC state aid rules on horizontal policies in public procurement Hans-Joachim Priess and Moritz Graf von Merveldt 6. EC public procurement law and equality linkages: foundations for interpretation Christopher McCrudden 7. Disability issues in public procurement Rosemary Boyle 8. The legality of SME development policies under EC procurement law Nicholas Hatzis 9. The procurement of 'green' energy Peter Kunzlik 10. Reconciling national autonomy and trade integration in the context of eco-labelling Dan Wilsher 11. CSR in the utilities sector and the implications of EC procurement policy: a framework for debate Sue Arrowsmith and Colin Maund 12. Co-ordinating public procurement to support EU objectives - a first step? The case of exclusions for serious criminal offences Sope Williams.

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Social and environmental policies in EC procurement law : new directives and new directions

Introduction Public procurement is the process whereby government bodies purchase from the market the goods, works and services that they need. Whether buying paper clips, commissioning major projects for the construction of hospitals, schools or offices, or procuring multimillion-pound IT and communications systems, the authorities in question are participating in the public procurement market. It is a market of great economic importance, and in the EC context is of particular concern from the perspective of the single market. In 1994 the market in regulated procurement (including utilities) represented no less than 14 per cent of Community GDP and the UK public procurement market alone has been estimated as worth £117 billion. In this book we are concerned with the impact of EC law on one facet of public procurement, namely its use to promote social, environmental and other societal objectives that are not necessarily connected with the procurement's functional objective, in the sense of acquiring paper clips, an IT system, or whatever. This phenomenon embraces, for example, government policies against buying from suppliers that use child labour, and policies requiring suppliers to provide employment for ethnic minorities or disabled persons. These have commonly been referred to in Europe as ‘secondary’ procurement policies and in the United States as ‘collateral’ policies. However, for reasons explained below, we prefer the label ‘horizontal’ policies.

Peter Kunzlik

Papers

Social and environmental policies in EC procurement law : new directives and new directions

Social and Environmental Policies in EC Procurement Law: Public procurement and horizontal policies in EC law: general principles

EC public procurement law and equality linkages: foundations for interpretation

EC Regulation of Public Procurement

Social and Environmental Policies in EC Procurement Law: Preface